Labor Law Archives - Page 35 of 49

March 30, 2019

Published by Atty Elvin B. Villanueva at March 30, 2019

DISABILITY CLAIM FILED 141 DAYS AFTER REPATRIATION IS PREMATURE AND LACKS CAUSE OF ACTION

Disability claim is governed by the POEA-SEC and relevant labor laws which are deemed written in the contract of employment where the CBA is found inapplicable. […]

May 1, 2019

Published by Atty Elvin B. Villanueva at May 1, 2019

PERMANENT AND TOTAL DISABILITY ARISES WHERE THE COMPANY-DESIGNATED PHYSICIAN FAILED TO ISSUE MEDICAL FINDINGS WITHIN THE 120-DAY PERIOD AND LACK OF JUSTIFICATION TO EXTEND TO 240 DAYS

Permanent and total disability benefits may be awarded to seafarers whose medical treatment lasted for more than 120 days, but not exceeding 240 days, because the […]

May 22, 2019

Published by Atty Elvin B. Villanueva at May 22, 2019

REDUNDANCY TO BE VALID MUST SHOW GOOD FAITH: MERE PRESENTATION OF SELF-SERVING INTERNAL DOCUMENT AND LACK OF CRITERIA DO NOT ESTABLISH GOOD FAITH

Redundancy exists when an employee’s position is superfluous, or an employee’s services are in excess of what would reasonably be demanded by the actual requirements of […]

May 26, 2019

Published by Atty Elvin B. Villanueva at May 26, 2019

AMICABLE SETTLEMENT CLAUSE BEFORE THE LABOR ATTACHE AS AGREED BY THE PARTIES CANNOT DIVEST THE LABOR ARBITER OF JURISDICTION OVER ILLEGAL DISMISSAL CASE

Amicable settlement is one whereby the parties can negotiate with each other; it is not a voluntary arbitration under the Labor Code wherein a third party […]

May 31, 2019

Published by Atty Elvin B. Villanueva at May 31, 2019

EMPLOYEE CAN BE VALIDLY DISMISSED FOR VIOLATION OF UNION SECURITY CLAUSE; PARALLEL TREATMENT OF VIOLATION WITH JUST CAUSE

Employee who violates the union security clause provision in the CBA may be validly dismissed. Due process must be observed by the employer. Thus, the SC […]

June 12, 2019

Published by Atty Elvin B. Villanueva at June 12, 2019

DISABILITY COMPLAINT FILED PRIOR TO ISSUANCE OF MEDICAL ASSESSMENT IS NOT PREMATURE IF DELAY IS CAUSED BY THE COMPANY

Disability benefits entitlement rules provide that: (a) the 120 days provided under Section 20-B (3) of the POEA-SEC is the period given to the employer to […]

June 17, 2019

Published by Atty Elvin B. Villanueva at June 17, 2019

DISPUTABLE PRESUMPTION OF PAYROLLS BEING ENTRIES IN THE COURSE OF BUSINESS IS OVERCOME BY IRREGULARITIES FOUND THEREIN

Disputable presumption that may be overthrown by clear and convincing evidence to the contrary. Thus, the SC held in the following case Ramiro Lim & Sons […]

June 22, 2019

Published by Atty Elvin B. Villanueva at June 22, 2019

DEATH OF SEAFARER THAT OCCURS AFTER THE EXPIRATION OF CONTRACT IS COMPENSABLE WHERE THERE IS CAUSAL CONNECTION BETWEEN THE ILLNESS AND CAUSE OF DEATH

Death caused by illness which was either contracted in the course of seafarer’s employment or aggravated during the same period may be compensable where there is […]

June 26, 2019

Published by Atty Elvin B. Villanueva at June 26, 2019

LOSS OF TRUST AND CONFIDENCE ARISES WHERE THE SUPERVISOR, ALTHOUGH DID NOT COMMIT THE ACTS OF FALSIFICATION, KEPT SILENT OVER HER SUBORDINATE’S ACTS OF FALSIFICATION

Del Rosario vs. CW Marketing & Development Corporation G.R. No. 211105, February 20, 2019 Loss of trust and confidence; Immateriality of the amount involved in loss […]

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